Hybrid Offence - Scotland

Scotland

In Scots law, all common law offences other than those within the exclusive jurisdiction of the High Court of Justiciary (i.e. murder, treason, rape and breach of duty by magistrates) can be tried either summarily in the District Courts of Scotland (including justice of the peace courts) or Sheriff Courts, or on indictment in the High Court of Justiciary or Sheriff Court. For statutory offences, the statute will provide whether the offence is triable summarily, on indictment, or both.

The choice of forum is a matter for the Lord Advocate and procurator fiscal, and is determined in a process known as marking.

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Famous quotes containing the word scotland:

    The “second sight” possessed by the Highlanders in Scotland is actually a foreknowledge of future events. I believe they possess this gift because they don’t wear trousers.
    —G.C. (Georg Christoph)

    Four and twenty at her back
    And they were a’ clad out in green;
    Tho the King of Scotland had been there
    The warst o’ them might hae been his Queen.

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    Till we cam to yon bonny ha’
    Whare the roof was o’ the beaten gold
    And the floor was o’ the cristal a’.
    —Unknown. The Wee Wee Man (l. 21–28)

    A custom loathsome to the eye, hateful to the nose, harmful to the brain, dangerous to the lungs, and in the black, stinking fume thereof nearest resembling the horrible Stygian smoke of the pit that is bottomless.
    James I of England, James VI of Scotland (1566–1625)